State of Delaware Public Employment Relations Board 4th Floor, Carvel State Office Building 820 N. French Street Wilmington, Delaware 19801 Telephone: (302) 577-5070 Facsimile: (302) 577-3297 http://perb.delaware.gov AFSCME COUNCIL 81, LIUNA LOCAL 1029, AND : PUBLIC HEALTH NURSES COUNCIL, DSEA, : : AND : REP. PET. 07-09-599 : STATE OF DELAWARE : NOTICE OF COMPENSATION UNIT 2 DEFINITION and ELECTION ORDER FOR UNREPRESENTED POSITIONS Non-Professional Patient Care Workers Recently enacted amendments to the Public Employment Relations Act, 19 Del.C. Ch. 13, require that in order to exercise the new right to negotiate for compensation, State merit employees must first be represented within one of twelve bargaining units defined in §1311A(b): … The [PERB] shall determine the proper assignment of job classifications to bargaining units and the bargaining unit status of individual employees and shall provide for certified bargaining representatives to combine bargaining units or portions of bargaining units of employees they represent within the bargaining units defined in this section based upon the job classifications of the employees represented. 19 Del.C. §1311 A (b). SB 36 Unit 2, defined as “Non-Professional Patient Care Workers which is composed of institutional care classes including licensed practical nurses, nursing assistants, active treatment assistants, technicians, therapy aides and similar classes.” (19 Del.C.§1311A (b)(2)), has been determined to include the following classifications, based on agreements reached between the State, AFSCME, LIUNA and PHNC: Active Treatment Facilitator Dietician’s Assistant Active Treatment Supervisor Laboratory Technician I, II, III Activity Aide I, II Licensed Practical Nurse I, II, III Activity Therapist I, II Nursing Assistant Attendant Chauffeur Psychological Assistant Certified Nursing Assistant Sheltered Workshop Production Assistant Clinical Aide Therapy Aide Cosmetologist Work Program Assistant Dental Assistant State Merit employees holding positions in these classifications work in the: • Department of Agriculture, • Department of Health and Social Services (“DHSS”), • Department of Natural Resources and Environmental Control (“DNREC”), and • Department of State (“DOS”) AFSCME Council 81 filed a SB 36 Certification Petition seeking to represent positions included within the Unit 2 definition which are not included in existing bargaining unit certifications and, therefore, are not currently represented by AFSCME Locals 516, 640, 936, 1109, 1525, 1832, 2030, 2031, 2072, and 2305; LIUNA Local 1029; and Public Health Nurses Council, DSEA. The following positions were identified as unrepresented positions affected by this petition: Laboratory Technicians I, II, III Dept. of Agriculture Activity Aide II DHSS/DDDS - Community Services Psychology Assistant DHSS/DDDS - Community Services Work Program Assistant DHSS/DDDS - Community Services Activity Therapists I, II DHSS/DDDS - Stockley Center Dietician's Assistant DHSS/DDDS - Stockley Center Laboratory Technicians I, II, III DHSS/DDDS - Stockley Center Laboratory Technicians I, II, III DHSS/ Medical Examiner Clinic Aide DHSS/ Division of Public Health/ Community Health Laboratory Technicians I, II, III DHSS/ Division of Public Health/ Community Health Licensed Practical Nurse DHSS/ Division of Public Health/ Community Health Activity Therapists I DHSS/ Division of Public Health/ Emily Bissell Dental Assistant DHSS/ Division of Public Health/ Emily Bissell Psychological Assistant DHSS/SAMH/ Community Mental Health Activity Therapist I,II DHSS/SAMH/ Del. Psychiatric Center Laboratory Technicians I, II, III DHSS/SAMH/ Del. Psychiatric Center Work Program Assistant DHSS/SAMH/ Del. Psychiatric Center Licensed Practical Nurse DHSS/SAMH/ Substance Abuse Work Program Assistant DHSS/Visually Impaired Laboratory Technicians I, II, III DNREC/Air/Air Quality Mgmt. Laboratory Technicians I, II, III DNREC/Water Resources/ Environmental Lab Activity Aide I, II DOS/ Veterans' Home Certified Nursing Assistant DOS/ Veterans' Home Dietician's Assistant DOS/ Veterans' Home Licensed Practical Nurse DOS/ Veterans' Home AFSCME’s petition to represent the unrepresented positions has been verified by the Public Employment Relations Board and determined to be timely filed and properly supported as required by 19 Del.C.§1311A(e). Any objections to the validation of this petition should be addressed to the PERB at the number and address above and must be received within five (5) days of the posting of this Notice. All questions regarding this petition should also be addressed to the PERB. A secret ballot election will be conducted by the Public Employment Relations Board among State Merit employees holding the positions listed as unrepresented above, to determine whether they desire to be represented for purposes of collective bargaining. Any organization other than ASCME Council 81 which desires to be included on the ballot must, within ten (10) days of this notice, submit a 10% (ten percent) showing of interest. This Notice will be followed by a Notice of Election advising eligible voters of the election arrangements. Questions concerning this matter should be addressed to the Public Employment Relations Board, (302) 577.5070; deperb@state.de.us DATED: 3 March 2008 DEBORAH L. MURRAY-SHEPPARD Executive Director, PERB